Disposed

M/S Ladda Enterprises v. The State of Telangana and 3 Others

Telangana HC12 Jul 2021WP/15469/2021

Case brief

AI extract

What is this about?

In a writ petition challenging the seizure of 8000 kgs of white jaggery as illegal liquor material under the Excise Act, the High Court ordered the release of the goods subject to an interim fixed deposit of Rs. 2,00,000 pending a full inquiry into the alleged violation.

What did the court decide?

The seized stock of white jaggery was directed to be released upon an undertaking to deposit Rs. 2,00,000 as fixed security pending the outcome of the requisite inquiry.

M/S Ladda Enterprises Vs The State of… — Public Procurement and Tenders | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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IVONDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION NO: 15469 OF 2021

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Between:

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M/s Ladda Enterprises, lvlain Road, Mancherial, Telangana State, Rep. by its Proprietor Prem Kumar Ladda.

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...PETITIONER

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AND

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'1 . The State of Telangana, Rep. by its Principal Secretary Department of Prohibition and Excise T, S. Secretariat, Hyderabad.

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The Deputy Commissioner of Prohibition and Excise, Adilabad District.

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The Excise Superintendent, Mancherial, Mancherial District.

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The Station House Officer, Jannaram Police Station, Mancherial District.

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...RESPONOENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue Writ, Order or Direction especially one in the Nature of Writ of Mandamus declaring the seizure of 8000 kgs. of white^jaggery vide Panchanama dt.02-07-2021 is illegal, arbitrary, violate of Article 19 (1) (g) of the Constitution of lndia and also contrary to the provisions of Telangana Excise Act and consequently direct the respondents 2 to 4 to release the 8000 kgs. of white^jaggery seized vide Panchanama d1.02107 12021.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^praying that in the circumstances stated in the affidavit filed in support of the^petition, the High Court may be^pleased to direct the respondents 2 to 4 to forthwith release the 8000 kgs. of white^jaggery seized vide panchanama dt. 0210712021, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRl. CH. RAVINDER

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Counsel for the Respondents: GP FOR PROHIBITION EXCISE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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WRIT PETITION No.15469 0F 202L

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ORDER:

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This Writ Petition is filed to declare the action of the respondents in seizing 8000 kgs of white jaggery vide panchanama dated 02.07.2021, as iilegal and arbitrary.

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Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise.

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The fourth respondent seized 8000 kgs of white jaggery from the petitioner on 02.O7.2O2 1 on the allegation that the goods are being used for illegal manufacture of liquor. A panchanama was conducted on 02.07.2021 in that regard.

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4 . Having considered the respective submissions, as enquiry is required to be conducted, respondent No.2_Deputy Commissioner of Prohibition and Excise, Adilabad, shall release the seized stock of white jaggery on the condition of the petitioner furnishing Fixed Deposit Receipt (FDR) for Rs.2,00,000/- (Rupees two lakhs only) with the second respondent. The release of the seized stock is in view of the peculiar situation existing on account of COVID-19, jaggery seized is perishable good and the release shall be subject to the orders that shall be passed by the respondent authorities in the enquiry to be conducted under the provisions of the Excise Act.

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Subject to the^{above, the Writ Petition is disposedof' No}

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order as to costs.^{Pending MiscellaneousPetitions'if any'}

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shal1 also stand^{closed in the light of this final order'}

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SD/. K.SAILESHI ASSISTANT REGISTRAR //TRUE COPYi/ ( v',

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SECTION OFFICER

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The Principal Secretary Department of^{Prohibition and Excise' State of} Telangana, T. S. Secretariat, Hyderabad.

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2 The Dlputy Commissioner of Piohibition^{and Excise, AdilabadDistrict} 3 The Excise Superintendent, Mancherial,^{[/ancherialDistrict.} 4 The Station House officer, Jannaram^{Police Station, Ir/ancherial District.} 5 One CC to Sri Ch. Ravinder,^Advocate IOPUCI 6 Two CCs to GP for'Prohibition and^{Excise, High Courtfor the State of Telangana} at Hyderabad. [OUT]

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Two'CCs to GP for Home, High Court^{for the State of Telangana at Hyderabad.} IOUT]

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8I Two CD CopiesOne Spare Copy

CHR

HIGH^COURT

DATED:1210712021

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ORDER

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W.P.No'15469^{of 2021}

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DISPOSING^{OF THE WRIT PETITION} WITHOUT^GOSTS

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M/S Ladda Enterprises v. The State of Telangana and 3 Others

Case brief

What is this about?

What did the court decide?

M/S Ladda Enterprises v. The State of Telangana and 3 Others

Case brief

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What did the court decide?

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